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L.L. 2006/031
Enactment date: 7/27/2006
Int. No. 364
By the Speaker (Council Member Quinn) and Council Members Vallone Jr., Brewer, Clarke, Comrie, Felder, Fidler, Gonzalez, James, Koppell, Liu, Mark-Viverito, Martinez, Monserrate, Nelson, Palma, Recchia Jr., Sears, Stewart, Vann, Weprin, Mealy, Garodnick, McMahon, Gioia, Gennaro, Dilan, Foster, Jackson, Yassky, Katz, Gentile, Oddo and The Public Advocate (Ms. Gotbaum) (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to multiple purchases of firearms and the prevention of firearms trafficking.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. In local law number 9 for the year 2005, the Council addressed the problem of the diversion of rifles and shotguns to the illegal gun marketplace. The Council finds that the provisions of this local law must be strengthened and extended to address the problem of the proliferation of illegal handguns.
The illegal possession of handguns - by felons, juveniles, drug addicts, people subject to restraining orders for domestic violence, and others not legally entitled to possess handguns - is a deadly and ongoing threat to the people of New York City. The city, state, and federal government maintain extensive statutes and licensing schemes to prevent such people from acquiring handguns. Nonetheless, networks of illegal gun traffickers supply handguns to at a large profit to people who should not have them.
Approximately twenty percent of the city's robberies and the majority of its murders involve guns. The federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) traced 8,437 guns used in crime in New York City from August 1997 to July 1998. Of those guns, 278 were used in homicides and 618 were used by juveniles.
Although traffickers can obtain guns in many ways, they are often able to simply buy them from federally licensed retailers. Rather than buy guns in their own names, illegal traffickers usually rely on "straw purchases," i.e., having someone else purchase guns on their behalf. One ATF study concluded that more than half of the guns identified in urban trafficking investigations that involved juveniles had been trafficked by straw purchasers or straw purchasing rings.
ATF has found that purchases of multiple handguns at the same time are a strong indicator of straw purchases and, therefore, of illegal handgun trafficking. A loophole in existing federal and New York state law allows a purchaser, once approved, to buy as many guns at a time as he or she likes. Having a straw purchaser buy more than one handgun at a time allows traffickers to work quickly, efficiently, and without involving more criminal confederates than necessary.
Due to the importance in illegal gun sales of multiple purchases by straw purchasers, limiting or prohibiting multiple sales by licensed dealers inhibits gun crime and illegal gun trafficking. After South Carolina and Virginia enacted one-handgun-per-month laws, their significance as suppliers of crime guns to Northeastern states diminished sharply. In the year after Maryland passed a similar law, it experienced a fourteen percent drop in homicides. Moreover, the number of crime guns seized in the adjacent District of Columbia that had first been bought at retail in Maryland dropped from twenty to zero.
In order to fight illegal handgun trafficking and therefore the supply of handguns to people who, under existing law, should not have handguns, the city must limit multiple and closely consecutive purchases of handguns. Doing so will not only save lives, but will also reinforce the city's position as a national leader against gun crime.
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[Consolidated provisions are not included in this Appendix A]
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§ 6. Severability. If any provision of this local law is for any reason found to be invalid, in whole or in part, by any court of competent jurisdiction, such finding shall not affect the validity of all remaining provisions of this local law, which shall continue in full force and effect.
§ 7. This local law shall take effect 120 days following its enactment into law, provided that, prior to such effective date, the police commissioner shall promulgate such rules and take such other actions as are necessary to its timely implementation.
L.L. 2006/032
Enactment date: 7/27/2006
Int. No. 365-A
By the Speaker (Council Member Quinn) and Council Members Vallone Jr., Addabbo Jr., Avella, Brewer, Clarke, Comrie, Felder, Fidler, Gentile, Gerson, Gonzalez, James, Koppell, Liu, Mark-Viverito, Martinez, Nelson, Recchia Jr., Rivera, Sears, Stewart, Vann, Weprin, Mealy, Garodnick, Monserrate, McMahon, Gioia, Gennaro, Dilan, Foster, Jackson, Yassky, Katz, Oddo and The Public Advocate (Ms. Gotbaum) (by request of the Mayor)
A Local Law to amend the administrative code of the city of New York, in relation to banning firearms, rifles, or shotguns that are colored so as to appear to be toy guns.
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. The Council finds that guns that are colored so as to resemble toy guns endanger law enforcement officers and the public without serving any legitimate purpose. Multiple firms now offer to cover guns with ceramic coatings in an array of colors, including "hidden white" and "electric cherry." One even sells on the internet kits designed to allow people to recolor their guns in such colors. Guns in such colors could be easily mistaken for toys, which poses many dangers. If such colored guns deceive police officers, or even cause officers to hesitate for a moment, armed criminals are given a potentially fatal advantage. Furthermore, a young child who comes upon a gun in an attractive color could easily mistake it for a toy with predictably tragic results.
Deceptively colored firearms pose a particular threat to New Yorkers because they undercut legislation that the Council passed seven years ago. Under Local Law 58 of 1999, toy guns (unless they are transparent or translucent) must be colored certain bright hues. The Council imposed this requirement to ensure that toy guns are never mistaken for real ones. Ceramic coating on real guns in the colors designated by Local Law 58 subverts the basic purpose of that law, changing it from one that protects the public to one that places police at greater risk.
There is no legitimate reason for anyone to disguise a gun to look like a toy, and such deceptive guns should be banned from New York City. By the same token, no person or company should disguise or offer to disguise a gun by changing its color, essentially seeking profit at the expense of City law and public safety. The Council therefore intends for this law to apply to the full extent of its jurisdiction under the state and federal constitutions to the practices addressed herein.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. Severability. If any provision of this local law is for any reason found to be invalid, in whole or in part, by any court of competent jurisdiction, such finding shall not affect the validity of all remaining portions of this local law, which shall continue in full force and effect.
§ 4. This local law shall take effect 120 days after its enactment into law, provided that, prior to such effective date, the police commissioner shall promulgate such rules and take such other actions as are necessary to its timely implementation.
L.L. 2006/033
Enactment date: 7/27/2006
Int. No. 402
By Council Member McMahon and the Speaker (Council Member Quinn) and Council Members Comrie, Gonzalez, James, Reyna, Sears and White Jr.
A Local Law to grant the authority for the submission of a Proposed Final Comprehensive Solid Waste Management Plan for the City of New York.
Be it enacted by the Council as follows:
Section 1. Pursuant to article twenty seven of the New York state environmental conservation law and section 360-15 of title six of the official compilation of the codes, rules and regulations of the state of New York, the council hereby grants the authority for the submission of the proposed final comprehensive solid waste management plan for the city of New York, dated the nineteenth day of July, two thousand six, to the New York state department of environmental conservation.
§ 2. Any revision to the comprehensive solid waste management plan dated the nineteenth day of July, two thousand six referred to in section one that is proposed by the city of New York and is to be made subsequent to the passage of this local law and prior to approval by the New York state department of environmental conservation may not be submitted to the New York state department of environmental conservation unless such proposed revision has been presented to the council and within thirty days from the first regular stated meeting following receipt of such proposed revision the council has not passed a local law denying the authority for such submission.
§ 3. This local law shall take effect immediately.
L.L. 2006/034
Enactment date: 8/23/2006
Int. No. 290-A
By Council Members Gennaro, Brewer, Fidler, Foster, Gentile, Koppell, Liu, Mark-Viverito, Nelson, Weprin, Sears, Garodnick, Felder, Martinez, White Jr. and The Public Advocate (Ms. Gotbaum)
A Local Law to amend the administrative code of the city of New York, in relation to requiring credit counseling agencies to notify consumers when they are not approved pursuant to the Bankruptcy Prevention and Consumer Protection Act of 2005.
Be it enacted by the Council as follows:
Section 1. Of increasing regularity, indebted city residents have been the victims of a fraudulent scheme presented under the guise of financial assistance. Under this unscrupulous plan, numerous dishonest lenders have begun offering "credit counseling" services. However, instead of devising a realistic management plan to reduce debt, these businesses frequently take advantage of their customers' dire financial situations. Often, the counselor will recommend that the consumer borrow funds to satisfy outstanding balances and consolidate payments. The counseling agency will then arrange such loan against the consumer's assets, often a real estate interest.
However, many victims of this scam report that the loan interest rates are so high that they are regularly in a worse fiscal position than before they sought counseling. Ultimately, the business that advertised its ability to help these consumers owns an interest in their customer's property and earns exorbitant interest on the funds loaned. When the consumer is unable to meet his or her monthly obligation, the lender may simply foreclose and sell the real estate.
Section 106 of the newly enacted Bankruptcy Prevention and Consumer Protection Act of 2005 prohibits an individual from filing for personal bankruptcy protection unless such person has received credit counseling from an approved nonprofit budget and credit counseling service prior to filing a bankruptcy petition. The U.S. Trustee may waive this requirement only if an applicant can establish that the district in which he or she resides does not provide adequate services.
Chapter 1 of the Bankruptcy and Consumer Protection Act of 2005 specifies the requirements that a services provider must satisfy to obtain federal approval, including, but not limited to, staffing, organizational structure and counseling topic areas. Determinations must be reviewed annually and approval may be revoked at any time. Further, the Chief Bankruptcy Clerk must maintain a list, available to the public, of all approved credit counselors. Presently, there are thirteen counselors approved for residents of the Southern District of New York State, which includes the city of New York City, and fourteen for residents of the Eastern District.
To thwart unscrupulous lenders from taking advantage of consumers in financial crisis, and to ensure that each New Yorker receives the best counseling possible, the Council finds it necessary to require businesses that offer credit counseling services to inform individuals that the business, if not approved, has not been certified pursuant to the Bankruptcy Prevention and Consumer Protection Act of 2005.
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[Consolidated provisions are not included in this Appendix A]
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§ 3. This local law shall take effect one hundred twenty days after it shall have been enacted into law; provided, however, that the commissioner shall take any actions necessary prior to such effective date for the implementation of this local law including, but not limited to, establishing guidelines and promulgating rules.
L.L. 2006/037
Enactment date: 8/23/2006
Int. No. 409
By Council Members Gennaro, Fidler, Gentile, Nelson, Seabrook, Comrie, White Jr. and James
A Local Law in relation to the temporary task force to study the feasibility of transferring city-owned wetlands to the jurisdiction of the department of parks and recreation.
Be it enacted by the Council as follows:
Section 1. Subdivision c of section two of local law number 83 for the year 2005 is amended to read as follows:
c. Such members of the task force shall serve [for a period of nine months] until February 17, 2007, after which time such task force shall cease to exist.
§ 2. This local law shall take effect immediately upon its enactment.
L.L. 2006/039
Enactment date: 10/17/2006
Int. No. 349-A
By Council Members Yassky, White Jr., Sears, Gerson, Garodnick and Liu
Be it enacted by the Council as follows:
Section 1. Declaration of legislative findings and intent. The Council of the City of New York hereby finds that the Administrative Code of the City of New York contains several provisions that are either outdated, in need of modification or are no longer practical and the enforcement of which has a detrimental impact upon the City's small business community. It is the Council's intention to modify or repeal these antiquated and problematic provisions of the Administrative Code in a first effort to improve the small business environment in New York City so that these businesses can thrive.
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[Consolidated provisions are not included in this Appendix A]
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§ 14. This local law shall take effect sixty days after it is enacted into law.
L.L. 2006/041
Enactment date: 10/17/2006
Int. No. 444-A
By the Speaker (Council Member Quinn) and Council Member Koppell, Addabbo Jr., Brewer, Comrie, Dilan, Felder, Fidler, Gentile, Gerson, Gonzalez, James, Lappin, Liu, Mealy, Nelson, Palma, Recchia Jr., Sanders Jr., Sears, Stewart, Weprin, Mark-Viverito, Mendez, Foster, Vacca, Dickens, McMahon, Gennaro, Avella, Katz, Gallagher, Lanza, Oddo and The Public Advocate (Ms. Gotbaum)
A Local Law to amend the administrative code of the city of New York, in relation to increasing the maximum qualifying income for the Disabled Homeowner's Exemption.
Be it enacted by the Council as follows:
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[Consolidated provisions are not included in this Appendix A]
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§ 5. If any subdivision, sentence, clause, phrase or other portion of the local law that amended this section is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of the local law that amended this section, which remaining portions shall remain in full force and effect.
§ 6. This local law shall take effect immediately and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2007.
L.L. 2006/042
Enactment date: 10/17/2006
Int. No. 445-A
By the Speaker (Council Member Quinn) and Council Members Gentile, Arroyo, Addabbo Jr., Brewer, Clarke, Comrie, Dilan, Felder, Fidler, Gerson, Gonzalez, James, Koppell, Lappin, Liu, Mealy, Nelson, Palma, Recchia Jr., Rivera, Sanders Jr., Sears, Stewart, Weprin, Mark-Viverito, Mendez, Foster, Dickens, McMahon, Gennaro, Avella, Katz, Gallagher, Lanza, Oddo and The Public Advocate (Ms. Gotbaum)
A Local Law to amend the administrative code of the city of New York, in relation to increasing the maximum qualifying income for the Senior Citizen Homeowner's Exemption.
Be it enacted by the Council as follows:
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[Consolidated provisions are not included in this Appendix A]
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§ 5. If any subdivision, sentence, clause, phrase or other portion of the local law that amended this section is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of the local law that amended this section, which remaining portions shall remain in full force and effect.
§ 6. This local law shall take effect immediately and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January 1, 2007.
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